Rekha Biswas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51870 of 2016 Arising Out of PS.Case No. -154 Year- 2016 Thana -KURSAKANTA District- ARRARIA ====================================================== Rekha Biswas, wife of Ramdeo Mandal Resident of village - Maratipur, P.S. - Kursakanta, District - Araria.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Jagjit Roshan, Advocate. For the Opposite Party : Mr. Sri Ajay Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending her arrest in connection with Kursakanta P.S. Case No. 154 of 2016 for the offences instituted under Sections 406, 409 and 420/34 of the IPC. The prosecution story, in brief, is that the petitioner being the Headmistress of Primary School, misappropriated the government fund which was allotted for providing scholarship to SC/ST, E.B.C and B.C. students showing their false and excess number in the School in collusion with other accused persons. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. She

Patna High Court Cr.Misc. No.51870 of 2016 (2) dt.07-12-2016 2/2 has been made accused in the present case due to mistake of fact. The petitioner is Headmistress of the Primary School, Maratipur in the district of Araria. The allegation is of misappropriation of scholarship fund. The said amount has already been deposited by the petitioner vide Annexure-3 to the present application before the competent authority.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of her arrest or surrender before the learned court below within a period of six weeks from today in connection with Kursakanta P.S. Case No. 154/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T